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U.S. v. FADUL

No. S2 13 Cr. 143(JMF).

16 F.Supp.3d 270 (2014)

UNITED STATES of America, v. Judith P. FADUL et al., Defendants.

United States District Court, S.D. New York.

Signed April 21, 2014.

Attorney(s) appearing for the Case

Charles L. Miller, II, Lindy Korn, Law Office of Lindy Korn, Buffalo, NY, for United States of America.

Benjamin K. Ahlstrom, New York State Attorney General's Office, Buffalo, NY, Daniel C. Gard, Dunkirk, NY, for Defendants.

AMENDED OPINION AND ORDER

JESSE M. FURMAN, District Judge.

Defendants Judith Fadul, Kenneth Garcia, and Yasmin Delarosa, charged with drug, gun, and counterfeiting offenses in a six-count superseding indictment (Docket No. 62), move to suppress evidence seized during a search of Fadul's apartment. Their motion implicates an issue of Fourth Amendment law that has divided the Courts of Appeals and remains unsettled in the Second Circuit — namely...

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